A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Michael Roth and Lauren Stewart | Sheppard Mullin Richter & Hampton Listen to this post Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes… Continue reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work

Protect Projects From Higher Repair Costs and Property Damage

Michael Teng | Construction Executive The cost of risk—and mitigating it—has increased in construction. It’s a trend that mirrors economic headwinds that are expected to continue in 2024. Every aspect of a jobsite costs more today, from materials and labor to tools and equipment. Take construction input costs for example. While relatively flat in 2023,… Continue reading Protect Projects From Higher Repair Costs and Property Damage

Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

Tiffany Bustamante O’Quinn | Property Insurance Law Observer In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain up… Continue reading Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage

Tred R. Eyerly | Insurance Law Hawaii     The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023).     M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage

The Modified Total Cost Method to Calculating Construction Damages

John Mark Goodman | BuildSmart A Colorado federal court will allow a contractor to prove up more than $250 million in damages using the modified total cost method (see AECOM Technical Services v. Flatiron AECOM, LLC, Case No. 19-CV-2811, 2024 WL 22640 (D. Co. Jan. 2, 2024)). The AECOM v. Flatiron case involves a Colorado DOT project to add express lanes… Continue reading The Modified Total Cost Method to Calculating Construction Damages

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